Meaning
The specific provision in United Kingdom law empowers national courts to issue interim orders to assist an arbitration when the tribunal cannot act effectively. Utilizing English arbitration act section 44 allows a party to obtain an injunction to preserve assets or protect evidence. This judicial power is intended to support the arbitral process rather than replace it.
Judicial Support
Courts intervene only when the situation is urgent or the tribunal lacks the authority to bind third parties. Because English arbitration act section 44 covers matters like the sale of perishable goods and the taking of witness testimony, it provides a safety net for the parties. The judge must be satisfied that the tribunal has no power or is unable for the time being to act.
Order Type
Injunctions and search orders represent the more intrusive remedies available under this statute.
Urgent Necessity
Applicants must demonstrate that immediate action is required to prevent a loss of rights or the destruction of the subject matter of the dispute. Since English arbitration act section 44 is a discretionary power, the court balances the needs of the applicant against the principle of non-interference in arbitration. The court will usually step back as soon as a tribunal is formed and capable of making its own directions.
This relationship between the court and the tribunal is a cornerstone of the legal environment in London.
